The following Terms of Use apply to your use of the Downtown Midland BIA website. You are solely responsible for your conduct and your content on the website and compliance with these terms. By using or browsing this website, you acknowledge that you have read, understood, and agree to be bound by these terms.
This website is provided subject to these Terms and Conditions of Use, as they may be amended by us, and any guidelines, rules or operating policies that we may post on this website, including, without limitation, our Privacy Policy. We may amend these Terms and Conditions from time-to-time due to changes to our products or policies due to legislative amendments, or for any other commercially reasonable reason. Any amendment will only become effective upon notification to you (by email or by posting on our website) and, if you do not want to agree to any such amendment, you should stop using the website.
We reserve the right to send messages to you to inform you of:
Nothing in this provision shall require or obligate us to send any notice if no notice is required or mandated elsewhere in these Terms of Use.
The Downtown Midland BIA website may not be used for the sending of unsolicited commercial electronic messages (CEM). All messages sent by use of the website shall be in compliance with Canada’s Anti-Spam Legislation, S.C. 2010 c. 23 (CASL). You shall represent yourself or your organization accurately and will not impersonate any other person, whether actual or fictitious. You agree that you shall not send any message, the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose) (a “commercial electronic mail message” (CEM) as defined in the CAN-SPAM Act or Canada’s Anti-Spam Legislation) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting.
We may terminate your access to or use of the Downtown Midland BIA website if we determine that your level of spam or other complaints are higher than industry norms, as determined by us in our sole discretion (such determination shall be final, binding and conclusive for all purposes under these Terms and Conditions).
If you believe any materials accessible on or from this website infringe on your copyright or other intellectual property, you may request removal of those materials by contacting info@DowntownMidland.ca
We prohibit the use of this website by any person or organization that:
You hereby agree to defend, indemnify and hold harmless us and our business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents from and against any damages, losses, liabilities, penalties, settlements and expenses in connection with any claim or action that (i) arises from any actual or alleged breach by you of these Terms and Conditions; or (ii) arises from the content you post, promotions you offer, or products or services you sell (including, without limitation, claims relating to defective products or services or unclaimed property).
In addition, you acknowledge and agree that we have the right to seek damages when you use the website for unlawful purposes, in an unlawful manner, or in a manner inconsistent with these Terms of Use, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the website, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.
You expressly agree that the Downtown Midland BIA website is provided on an “as is” and “as available” basis. Use of the Downtown Midland BIA website and any reliance by you upon it is at your sole risk. We do not warrant that the use of this website will be uninterrupted or error-free, nor do we make any warranty as to the results that may be obtained from its use. You are solely responsible for your use of the Downtown Midland BIA website in compliance with the aforementioned Terms of Use, and we have no liability of any nature for your compliance and/or breach of same. We do not endorse and are not responsible for the accuracy or reliability of any information or statement made by any members or users of the site or for any content included in external links provided by members or users of the site. Downtown Midland BIA does not guarantee successful matching of members and users nor does the website guarantee the quality of service that is delivered by any of its members advertising on the site. To the extent the law permits, you release us from any claims or liability related to any content posted on the Downtown Midland BIA website, and you agree to indemnify and hold harmless, Downtown Midland BIA on all matters related to others using this website. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remainder of the Terms and Conditions will otherwise remain in full force and effect and enforceable. We and you agree that this is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings. No delay or omission by either party in exercising any right or remedy under these Terms of Use or existing in law shall be considered a waiver of such right or remedy. If you have any questions about the rights and restrictions above, or would like to report any inaccuracies or errors, please contact us by email at info@DowntownMidland.ca